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Convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction, Paris 13 January 1993

THE ORGANIZATION

ARTICLE VIII

THE ORGANIZATION

A. GENERAL PROVISIONS

1. The States Parties to this Convention hereby establish the Organization for

the Prohibition of Chemical Weapons to achieve the object and purpose of this

Convention, to ensure the implementation of its provisions, including those

for international verification of compliance with it, and to provide a forum

for consultation and cooperation among States Parties.

2. All States Parties to this Convention shall be members of the Organization.

A State Party shall not be deprived of its membership in the Organization.

3. The seat of the Headquarters of the Organization shall be The Hague,

Kingdom of the Netherlands.

4. There are hereby established as the organs of the Organization: the

Conference of the States Parties, the Executive Council, and the Technical

Secretariat.

5. The Organization shall conduct its verification activities provided for

under this Convention in the least intrusive manner possible consistent with

the timely and efficient accomplishment of their objectives. It shall request

only the information and data necessary to fulfil its responsibilities under

this Convention. It shall take every precaution to protect the confidentiality

of information on civil and military activities and facilities coming to its

knowledge in the implementation of this Convention and, in particular, shall

abide by the provisions set forth in the Confidentiality Annex.

6. In undertaking its verification activities the Organization shall consider

measures to make use of advances in science and technology.

7. The costs of the Organization's activities shall be paid by States Parties

in accordance with the United Nations scale of assessment adjusted to take

into account differences in membership between the United Nations and this

Organization, and subject to the provisions of Articles IV and V. Financial

contributions of States Parties to the Preparatory Commission shall be

deducted in an appropriate way from their contributions to the regular budget.

The budget of the Organization shall comprise two separate chapters, one

relating to administrative and other costs, and one relating to verification

costs.

8. A member of the Organization which is in arrears in the payment of its

financial contribution to the Organization shall have no vote in the

Organization if the amount of its arrears equals or exceeds the amount of the

contribution due from it for the preceding two full years. The Conference of

the States Parties may, nevertheless, permit such a member to vote if it is

satisfied that the failure to pay is due to conditions beyond the control of

the member.

B. THE CONFERENCE OF THE STATES PARTIES

Composition, procedures and decision-making

9. The Conference of the States Parties (hereinafter referred to as "the

Conference") shall be composed of all members of this Organization. Each

member shall have one representative in the Conference, who may be accompanied

by alternates and advisers.

10. The first session of the Conference shall be convened by the depositary

not later than 30 days after the entry into force of this Convention.

11. The Conference shall meet in regular sessions which shall be held annually

unless it decides otherwise.

12. Special sessions of the Conference shall be convened:

(a) When decided by the Conference;

(b) When requested by the Executive Council;

(d) In accordance with paragraph 22 to undertake reviews of the operation of

this Convention.

Except in the case of subparagraph (d), the special session shall be convened

not later than 30 days after receipt of the request by the Director-General of

the Technical Secretariat, unless specified otherwise in the request.

13. The Conference shall also be convened in the form of an Amendment

Conference in accordance with Article XV, paragraph 2.

14. Sessions of the Conference shall take place at the seat of the

Organization unless the Conference decides otherwise.

15. The Conference shall adopt its rules of procedure. At the beginning of

each regular session, it shall elect its Chairman and such other officers as

may be required. They shall hold office until a new Chairman and other

officers are elected at the next regular session.

16. A majority of the members of the Organization shall constitute a quorum

for the Conference.

17. Each member of the Organization shall have one vote in the Conference.

18. The Conference shall take decisions on questions of procedure by a simple

majority of the members present and voting. Decisions on matters of substance

should be taken as far as possible by consensus. If consensus is not

attainable when an issue comes up for decision, the Chairman shall defer any

vote for 24 hours and during this period of deferment shall make every effort

to facilitate achievement of consensus, and shall report to the Conference

before the end of this period. If consensus is not possible at the end of 24

hours, the Conference shall take the decision by a two-thirds majority of

members present and voting unless specified otherwise in this Convention.

When the issue arises as to whether the question is one of substance or not,

that question shall be treated as a matter of substance unless otherwise

decided by the Conference by the majority required for decisions on matters of

substance.

Powers and functions

19. The Conference shall be the principal organ of the Organization. It shall

consider any questions, matters or issues within the scope of this Convention,

including those relating to the powers and functions of the Executive Council

and the Technical Secretariat. It may make recommendations and take decisions

on any questions, matters or issues related to this Convention raised by a

State Party or brought to its attention by the Executive Council.

20. The Conference shall oversee the implementation of this Convention, and

act in order to promote its object and purpose. The Conference shall review

compliance with this Convention. It shall also oversee the activities of the

Executive Council and the Technical Secretariat and may issue guidelines in

accordance with this Convention to either of them in the exercise of their

functions.

21. The Conference shall:

(a) Consider and adopt at its regular sessions the report, programme and

budget of the Organization, submitted by the Executive Council, as well as

consider other reports;

(b) Decide on the scale of financial contributions to be paid by States

Parties in accordance with paragraph 7;

(d) Appoint the Director-General of the Technical Secretariat (hereinafter

referred to as "the Director-General");

(e) Approve the rules of procedure of the Executive Council submitted by the

latter;

(f) Establish such subsidiary organs as it finds necessary for the exercise

of its functions in accordance with this Convention;

(g) Foster international cooperation for peaceful purposes in the field of

chemical activities;

(h) Review scientific and technological developments that could affect the

operation of this Convention and, in this context, direct the Director-General

to establish a Scientific Advisory Board to enable him, in the performance of

his functions, to render specialized advice in areas of science and technology

relevant to this Convention, to the Conference, the Executive Council or

States Parties. The Scientific Advisory Board shall be composed of independent

experts appointed in accordance with terms of reference adopted by the

Conference;

(i) Consider and approve at its first session any draft agreements,

provisions and guidelines developed by the Preparatory Commission;

(j) Establish at its first session the voluntary fund for assistance in

accordance with Article X;

(k) Take the necessary measures to ensure compliance with this Convention

and to redress and remedy any situation which contravenes the provisions of

this Convention, in accordance with Article XII.

22. The Conference shall not later than one year after the expiry of the fifth

and the tenth year after the entry into force of this Convention, and at such

other times within that time period as may be decided upon, convene in special

sessions to undertake reviews of the operation of this Convention. Such

reviews shall take into account any relevant scientific and technological

developments. At intervals of five years thereafter, unless otherwise decided

upon, further sessions of the Conference shall be convened with the same

objective.

C. THE EXECUTIVE COUNCIL

Composition, procedure and decision-making

23. The Executive Council shall consist of 41 members. Each State Party shall

have the right, in accordance with the principle of rotation, to serve on the

Executive Council. The members of the Executive Council shall be elected by

the Conference for a term of two years. In order to ensure the effective

functioning of this Convention, due regard being specially paid to equitable

geographical distribution, to the importance of chemical industry, as well as

to political and security interests, the Executive Council shall be composed

as follows:

(a) Nine States Parties from Africa to be designated by States Parties

located in this region. As a basis for this designation it is understood that,

out of these nine States Parties, three members shall, as a rule, be the

States Parties with the most significant national chemical industry in the

region as determined by internationally reported and published data; in

addition, the regional group shall agree also to take into account other

regional factors in designating these three members;

(b) Nine States Parties from Asia to be designated by States Parties located

in this region. As a basis for this designation it is understood that, out of

these nine States Parties, four members shall, as a rule, be the States

Parties with the most significant national chemical industry in the region as

determined by internationally reported and published data; in addition, the

regional group shall agree also to take into account other regional factors in

designating these four members;

Parties located in this region. As a basis for this designation it is

understood that, out of these five States Parties, one member shall, as a

rule, be the State Party with the most significant national chemical industry

in the region as determined by internationally reported and published data; in

addition, the regional group shall agree also to take into account other

regional factors in designating this one member;

(d) Seven States Parties from Latin America and the Caribbean to be

designated by States Parties located in this region. As a basis for this

designation it is understood that, out of these seven States Parties, three

members shall, as a rule, be the States Parties with the most significant

national chemical industry in the region as determined by internationally

reported and published data; in addition, the regional group shall agree also

to take into account other regional factors in designating these three

members;

(e) Ten States Parties from among Western European and other States to be

designated by States Parties located in this region. As a basis for this

designation it is understood that, out of these 10 States Parties, 5 members

shall, as a rule, be the States Parties with the most significant national

chemical industry in the region as determined by internationally reported and

published data; in addition, the regional group shall agree also to take into

account other regional factors in designating these five members;

(f) One further State Party to be designated consecutively by States Parties

located in the regions of Asia and Latin America and the Caribbean. As a basis

for this designation it is understood that this State Party shall be a

rotating member from these regions.

24. For the first election of the Executive Council 20 members shall be

elected for a term of one year, due regard being paid to the established

numerical proportions as described in paragraph 23.

25. After the full implementation of Articles IV and V the Conference may,

upon the request of a majority of the members of the Executive Council, review

the composition of the Executive Council taking into account developments

related to the principles specified in paragraph 23 that are governing its

composition.

26. The Executive Council shall elaborate its rules of procedure and submit

them to the Conference for approval.

27. The Executive Council shall elect its Chairman from among its members.

28. The Executive Council shall meet for regular sessions. Between regular

sessions it shall meet as often as may be required for the fulfilment of its

powers and functions.

29. Each member of the Executive Council shall have one vote. Unless otherwise

specified in this Convention, the Executive Council shall take decisions on

matters of substance by a two-thirds majority of all its members. The

Executive Council shall take decisions on questions of procedure by a simple

majority of all its members. When the issue arises as to whether the question

is one of substance or not, that question shall be treated as a matter of

substance unless otherwise decided by the Executive Council by the majority

required for decisions on matters of substance.

Powers and functions

30. The Executive Council shall be the executive organ of the Organization. It

shall be responsible to the Conference. The Executive Council shall carry out

the powers and functions entrusted to it under this Convention, as well as

those functions delegated to it by the Conference. In so doing, it shall act

in conformity with the recommendations, decisions and guidelines of the

Conference and assure their proper and continuous implementation.

31. The Executive Council shall promote the effective implementation of, and

compliance with, this Convention. It shall supervise the activities of the

Technical Secretariat, cooperate with the National Authority of each State

Party and facilitate consultations and cooperation among States Parties at

their request.

32. The Executive Council shall:

(a) Consider and submit to the Conference the draft programme and budget of

the Organization;

(b) Consider and submit to the Conference the draft report of the

Organization on the implementation of this Convention, the report on the

performance of its own activities and such special reports as it deems

necessary or which the Conference may request;

preparation of the draft agenda.

33. The Executive Council may request the convening of a special session of

the Conference.

34. The Executive Council shall:

(a) Conclude agreements or arrangements with States and international

organizations on behalf of the Organization, subject to prior approval by the

Conference;

(b) Conclude agreements with States Parties on behalf of the Organization in

connection with Article X and supervise the voluntary fund referred to in

Article X;

verification activities, negotiated by the Technical Secretariat with States

Parties.

35. The Executive Council shall consider any issue or matter within its

competence affecting this Convention and its implementation, including

concerns regarding compliance, and cases of non-compliance, and, as

appropriate, inform States Parties and bring the issue or matter to the

attention of the Conference.

36. In its consideration of doubts or concerns regarding compliance and cases

of non-compliance, including, inter alia, abuse of the rights provided for

under this Convention, the Executive Council shall consult with the States

Parties involved and, as appropriate, request the State Party to take measures

to redress the situation within a specified time. To the extent that the

Executive Council considers further action to be necessary, it shall take,

inter alia, one or more of the following measures:

(a) Inform all States Parties of the issue or matter;

(b) Bring the issue or matter to the attention of the Conference;

situation and to ensure compliance.

The Executive Council shall, in cases of particular gravity and urgency, bring

the issue or matter, including relevant information and conclusions, directly

to the attention of the United Nations General Assembly and the United Nations

Security Council. It shall at the same time inform all States Parties of this

step.

D. THE TECHNICAL SECRETARIAT

37. The Technical Secretariat shall assist the Conference and the Executive

Council in the performance of their functions. The Technical Secretariat shall

carry out the verification measures provided for in this Convention. It shall

carry out the other functions entrusted to it under this Convention as well as

those functions delegated to it by the Conference and the Executive Council.

38. The Technical Secretariat shall:

(a) Prepare and submit to the Executive Council the draft programme and

budget of the Organization;

(b) Prepare and submit to the Executive Council the draft report of the

Organization on the implementation of this Convention and such other reports

as the Conference or the Executive Council may request;

Executive Council and subsidiary organs;

(d) Address and receive communications on behalf of the Organization to and

from States Parties on matters pertaining to the implementation of this

Convention;

(e) Provide technical assistance and technical evaluation to States Parties

in the implementation of the provisions of this Convention, including

evaluation of scheduled and unscheduled chemicals.

39. The Technical Secretariat shall:

(a) Negotiate agreements or arrangements relating to the implementation of

verification activities with States Parties, subject to approval by the

Executive Council;

(b) Not later than 180 days after entry into force of this Convention,

coordinate the establishment and maintenance of permanent stockpiles of

emergency and humanitarian assistance by States Parties in accordance with

Article X, paragraphs 7 (b) and (c). The Technical Secretariat may inspect the

items maintained for serviceability. Lists of items to be stockpiled shall be

considered and approved by the Conference pursuant to paragraph 21(i) above;

declarations made by the States Parties and register, when requested,

bilateral agreements concluded between States Parties or between a State Party

and the Organization for the purposes of Article X.

40. The Technical Secretariat shall inform the Executive Council of any

problem that has arisen with regard to the discharge of its functions,

including doubts, ambiguities or uncertainties about compliance with this

Convention that have come to its notice in the performance of its verification

activities and that it has been unable to resolve or clarify through its

consultations with the State Party concerned.

41. The Technical Secretariat shall comprise a Director-General, who shall be

its head and chief administrative officer, inspectors and such scientific,

technical and other personnel as may be required.

42. The Inspectorate shall be a unit of the Technical Secretariat and shall

act under the supervision of the Director-General.

43. The Director-General shall be appointed by the Conference upon the

recommendation of the Executive Council for a term of four years, renewable

for one further term, but not thereafter.

44. The Director-General shall be responsible to the Conference and the

Executive Council for the appointment of the staff and the organization and

functioning of the Technical Secretariat. The paramount consideration in the

employment of the staff and in the determination of the conditions of service

shall be the necessity of securing the highest standards of efficiency,

competence and integrity. Only citizens of States Parties shall serve as the

Director-General, as inspectors or as other members of the professional and

clerical staff. Due regard shall be paid to the importance of recruiting the

staff on as wide a geographical basis as possible. Recruitment shall be guided

by the principle that the staff shall be kept to a minimum necessary for the

proper discharge of the responsibilities of the Technical Secretariat.

45. The Director-General shall be responsible for the organization and

functioning of the Scientific Advisory Board referred to in paragraph 21 (h).

The Director-General shall, in consultation with States Parties, appoint

members of the Scientific Advisory Board, who shall serve in their individual

capacity. The members of the Board shall be appointed on the basis of their

expertise in the particular scientific fields relevant to the implementation

of this Convention. The Director-General may also, as appropriate, in

consultation with members of the Board, establish temporary working groups of

scientific experts to provide recommendations on specific issues. In regard to

the above, States Parties may submit lists of experts to the Director-General.

46. In the performance of their duties, the Director-General, the inspectors

and the other members of the staff shall not seek or receive instructions from

any Government or from any other source external to the Organization. They

shall refrain from any action that might reflect on their positions as

international officers responsible only to the Conference and the Executive

Council.

47. Each State Party shall respect the exclusively international character of

the responsibilities of the Director-General, the inspectors and the other

members of the staff and not seek to influence them in the discharge of their

responsibilities.

E. PRIVILEGES AND IMMUNITIES

48. The Organization shall enjoy on the territory and in any other place under

the jurisdiction or control of a State Party such legal capacity and such

privileges and immunities as are necessary for the exercise of its functions.

49. Delegates of States Parties, together with their alternates and advisers,

representatives appointed to the Executive Council together with their

alternates and advisers, the Director-General and the staff of the

Organization shall enjoy such privileges and immunities as are necessary in

the independent exercise of their functions in connection with the

Organization.

50. The legal capacity, privileges, and immunities referred to in this Article

shall be defined in agreements between the Organization and the States Parties

as well as in an agreement between the Organization and the State in which the

headquarters of the Organization is seated. These agreements shall be

considered and approved by the Conference pursuant to paragraph 21 (i).

51. Notwithstanding paragraphs 48 and 49, the privileges and immunities

enjoyed by the Director-General and the staff of the Technical Secretariat

during the conduct of verification activities shall be those set forth in Part

II, Section B, of the Verification Annex.

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